2014 (8) TMI 237 - AT - Income Tax

Deduction on municipal taxes Income declared as income from other sources Held that - The assessee being the defacto owner of the building and enjoying the fruit thereon has to incur the municipal taxes on the building as agreed upon - for the new building brought into existence, higher municipal taxes could not have been levied - while the levy of municipal taxes arises on account of a statutory obligation, the payment of the municipal taxes by the assessee arises out of contractual obligation between the assessee and the land owner, irrespective of the fact that in whose name the demand has been raised by the municipal authorities - assessee is entitled for deduction of the municipal taxes paid, the AO is directed to assess the receipt as income of the assessee under the head income from other sources and the claim of expenditure/deduction of actual payment made by the assessee in respect of the municipal taxes is allowed Decided in favor of assessee.

Summary

Issues involved:
1. Allowance of deduction for municipal taxes paid against income declared under the head 'income from other sources'.

Detailed Analysis:
The appeal filed by the Revenue challenges the decision of the Ld.CIT(A) directing the AO to allow the deduction claimed by the assessee for municipal taxes paid against the income declared under the head 'income from other sources'. The assessee, an individual with income from various sources, had taken land on lease, constructed a super structure, and entered into an agreement with a company to operate a business on the premises. The agreement stipulated that the assessee would be liable to pay municipal taxes on the super structure. The AO disallowed the claimed municipal taxes as expenditure, arguing that the taxes were not necessary for earning income from other sources. However, the Ld.CIT(A) directed the AO to allow the deduction, stating that the payment of municipal taxes arose from a contractual obligation between the assessee and the landowner, and the taxes were levied on a statutory basis but transferred to the assessee due to the contractual liability.

The Tribunal noted that the assessee had taken the land on lease, invested in building construction, and entered into an agreement to exploit the building. The lease agreement required the assessee to pay all rates, taxes, charges, and assessments. The Tribunal observed that the enhanced municipal taxes were attributable to the new building constructed by the assessee, and the payment of municipal taxes was a contractual obligation arising from the agreement with the company. The Tribunal agreed with the Ld.CIT(A) that the municipal taxes were levied on a statutory basis but transferred to the assessee due to the contractual liability. The Tribunal found the AO's stance contradictory, as he acknowledged the relation between income and municipal taxes but disallowed the deduction for taxes paid. The Tribunal directed the AO to verify the actual payment of municipal taxes and allow the deduction accordingly.

In conclusion, the Tribunal partly allowed the Revenue's appeal for statistical purposes, directing the AO to assess the impugned receipt as income under the head 'income from other sources' and allow the deduction for actual payment of municipal taxes made by the assessee after verification. The Tribunal modified the Ld.CIT(A)'s order accordingly.